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After a parent dies · California
Small estates in California: collecting a parent's property without full probate
In California, you give the small estate affidavit to the person, company or bank holding the property so it can be transferred to your name. California's small estate affidavit cannot be used to transfer real property such as a house, building or land. California's small estate affidavit requires that at least 40 days have passed since the death.
Educational only. Not legal advice. Sources checked November 2, 2026.
What the official sources say
- In California, you give the small estate affidavit to the person, company or bank holding the property so it can be transferred to your name. California Courts Self-Help Guide. Checked November 2, 2026
- California's small estate affidavit cannot be used to transfer real property such as a house, building or land. California Courts Self-Help Guide. Checked November 2, 2026
- California's small estate limit changes over time, and the courts advise checking the current limit for your situation. California Courts Self-Help Guide. Checked November 2, 2026
- California's small estate affidavit requires that at least 40 days have passed since the death. County of Tehama, California (Probate Code 13100 affidavit). Checked November 2, 2026
How to keep these papers
Keep dated copies of the papers you already have in one place, and write the day something happened on the same day. KeepMyProof is a private phone app for that: folders with checklists, the day it happened next to the day you saved it, and one PDF of a folder when someone asks.
- Will or trust copies
- Death certificates
- Court papers naming the executor
- Accounts and property papers
- Bills and letters to close out
- Family land papers (heirs' property)
Download the free printable checklist (PDF)
One page, no email needed.
Coming soon to Google Play.
More for California
- How to order a death certificate in California
- Executor duties and deadlines in California
- How probate works in California after a parent dies
- Executor checklist: papers after a parent dies: the full guide
- Small estates: collecting a parent's property without full probate: all states
Neighbouring states
- Small estates in Arizona: collecting a parent's property without full probate
- Small estates in Nevada: collecting a parent's property without full probate
- Small estates in Oregon: collecting a parent's property without full probate
- Small estates in Arkansas: collecting a parent's property without full probate
Questions
Where do these California facts come from?
Each fact on this page is copied from an official source: California Courts Self-Help Guide; County of Tehama, California (Probate Code 13100 affidavit). We checked that each source still says it on November 2, 2026. Rules and forms change, so open the official link and read the current version before you rely on it.
Is this legal advice?
No. This page is educational only and is not legal advice. KeepMyProof is not a law firm. For advice about your situation, ask a lawyer licensed in California or your court's self-help center.
Which papers should I keep for after a parent dies?
A good start: Will or trust copies; Death certificates; Court papers naming the executor; Accounts and property papers; Bills and letters to close out; Family land papers (heirs' property). Keep only papers you are allowed to have, write the date on each note, and keep originals somewhere safe.
How can I keep these papers private on my phone?
KeepMyProof keeps copies of the papers you already have in folders with checklists, encrypted on your phone, with no account and no ads. It is free for the first items you save. It is coming soon to Google Play.
Educational only. Not legal advice.